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collections
Records of the National Economic Council (Clinton Administration)
Bill Dauster's Subject Files
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FOIA Number: 2007-0143-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
National Economic Council
Series/Staff Member:
Bill Dauster
Subseries:
OA/ID Number:
15246
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Folder Title:
Disability
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S
15
1
7
2
Florida Details Wide Abuse
At Agency for the Retarded
By PAMELA MERCER
supervising Metatherapy. The prob-
MIAMI, March 30 - A state report
lems there, Ms. Bock said, reflect
has documented widespread neglect
much of what she has encountered at
of patients and misuse of funds at an
other agencies over the years.
agency for the mentally retarded
"It was initially very shocking for
that was put under state supervision
me," said Ms. Bock, who had been
earlier this month.
district administrator since 1992.
The report, obtained today by The
"But I became used to encountering
New York Times and other news
these problems in the nonprofit
organizations, was conducted by the
arena. There's very little account-
Florida Department of Children and
ability."
Families after a former employee of
"On a scale of 1 to 10, this situation
the agency made accusations that
is a 5," she said. "I have seen I's in
clients were abused and neglected
my tenure with the department."
and that senior staff members rou-
In the report filed on Feb. 2, offi-
tinely took the center's money for
cials from the Florida Department of
their own use.
Children and Families concluded
The center's executive director,
that Metatherapy had suffered from
Maureen Robinson, was fired earlier
ineffective management by a board
this month after state investigators
of directors plagued with conflicts of
determined that she had used money
interest, and that the state attorney's
from several grants to pay herself a
office should investigate the claims
yearly salary of $180,000, and that
of client abuse. The report also rec-
she was driving a 1997 Jaguar that
ommended an overhaul of staff su-
may have been insured with the
pervision, scheduling and incident
agency's money. Such practices con-
reporting, and urged Metatherapy to
hire a chief financial officer to de-
velop a system of "checks and bal-
ances."
'There's very little
The investigation stemmed from
statements by Tracy Collier, a for-
accountability,'
mer care giver at the agency who
cited several instances in which, Mr.
state supervisor says.
Collier said, clients were put at risk
and not medicated appropriately.
Mr. Collier told investigators that
records were falsified to show that
tributed to a cash shortage that, ac-
clients had taken part in fire drills or
cording to the state's investigation,
that medications had been dis-
has pushed the agency, Metatherapy
pensed. He also accused a staff
Institute Inc. of Homestead, Fla.,
member of giving patients their dai-
close to insolvency.
ly medications in a single dosage so
Ms. Robinson could not be reached
that they would go to bed early and
for comment.
she could leave work early.
The acting district administrator
Mr. Collier said that the agency's
for the department, Sara Herald,
accounting procedures were inade-
said the state was still investigating
quate and that staff members used
many of these accusations. No
money belonging to the clients and to
charges have been filed against any
the agency for items like Christmas
individual, Ms. Herald added.
gifts and, in one case, a trip to Wash-
The state-appointed receiver, Ken-
ington to attend a festival.
neth Marlin, is expected to give a
Like other centers of its kind, Me-
report to the state next week on the
tatherapy is financed by the Federal
agency's finances.
Government and state and local gov-
Metatherapy, one of the largest
ernments and is run by a board made
agencies of its kind in this area, runs
up of community leaders, who are
rehabilitation and therapy programs
rarely held accountable for their
for 63 mentally retarded adults. It
oversight of an agency, Ms. Bock
said.
also provides temporary housing, job
training and counseling for about 100
Lanedra Carroll, a spokeswoman
homeless men and has a substance
for the Florida Department of Chil-
abuse program.
dren and Families, said, "The state
is already trying to address the is-
The problems facing the agency
exemplify what critics call the lack
sues that have come up with this
of accountability and oversight that
probe in a general manner, and we
have plagued such institutions here.
hope that the Legislature will fully
address the problem we have."
Metatherapy is the fourth nonprofit
Ms. Carroll added that earlier this
agency serving the developmentally
month the Governor's office had
disabled to be put under receivership
asked the Legislature for $2 million
in Miami-Dade and Monroe Counties
in the last five years.
in additional funds for the oversight
of such agencies and to approve the
Anita Bock, who until February
hiring of 27 people to improve the
served as the district administrator
state's capacity to regulate such
for the department, is temporarily
agencies.
The New York Times
WEDNESDAY, MARCH 31, 1999
Jury Awards $81 Million
To Oregon Smoker's Family
Amount Is Largest in Smoking Related Suit
'The problem has been that Philip
By BARRY MEIER
Morris and other cigarette compa-
A state jury in Portland, Ore., yes-
nies have never accepted an ounce of
terday ordered the largest award in
responsibility," Mr. Gaylord said.
a smoking-related lawsuit, deciding
"They deny everything. They essen-
that the Philip Morris Companies
tially say to their very best custom-
must pay $81 million to the family of
ers that you get what's coming to you
a man who smoked Marlboro ciga-
for believing us."
rettes for four decades before he
Gary Black, a tobacco industry
died.
analyst with Sanford C. Bernstein &
The verdict, coming just a month
Company in New York, said that
after a San Francisco jury awarded
added to the California decision, yes-
$51 million in another case brought
terday's verdict suggested that the
by an individual smoker against
industry's $206 billion settlement last
Philip Morris, could indicate that the
year with 46 states had failed to put
tobacco industry's legal fortunes
its legal troubles to rest.
may have shifted, analysts said. In
Under that agreement, which re-
recent years, the public has wit-
solved lawsuits brought by the states
nessed a constant drumbeat of docu-
to recover health care expenses re-
ments damaging to cigarette mak-
lated to smoking, individual smokers
and groups of them can still sue.
ers, which industry analysts say may
Four states had earlier settled their
be a factor in the jury decisions.
For example, in both cases involv-
claims in deals with the industry.
ing Philip Morris, the juries called
"I think the industry has got to get
for large punitive damages, which
are meant to punish a company for
its head out of the sand and stop
its behavior. In yesterday's decision,
believing that the settlement got
them closure," Mr. Black said. "With
the jury awarded $79.5 million in
all the documents and whistle-blow-
punitive damages and $1.6 million in
compensatory damages to the fam-
ers out there, juries are increasingly
ily of Jesse Williams, who died in
going to award damages."
1997, five months after lung cancer
In trading after the verdict, Philip
was diagnosed. In the San Francisco
Morris stock fell $3.4375 a share to
case, the jury awarded $50 million in
close at $37.75 a share.
punitive damages.
In the California case last month,
Yesterday Mr. Williams's wife,
the jury ordered Philip Morris to pay
Mayola, said he had had a dying
$51.5 million to Patricia Henley, who
wish. "He wanted to make cigarette
said her lung cancer had been caused
companies stop lying about the
by more than 35 years of smoking.
health problems of smokers," she
That
verdict
was
the
largest
award
told
The
Associated
Press.
"This
of its kind until yesterday.
jury agreed with his goals."
Cigarette industry officials have
Philip
Morris,
which
is
appealing
portrayed
that
case
as
an
aberration,
the California verdict, said yester- pointing to a number of recent legal
day that it would also appeal the victories. Earlier this month, a Fed-
Oregon verdict. Higher courts have eral jury in Akron, Ohio, ruled that
thrown out the few previous victories tobacco companies did not have to
by smokers in cigarette-related law- repay the costs of treating smoking-
suits, often on procedural grounds. related illnesses to dozens of union
"No verdict has ever withstood an health and benefit plans in Ohio.
appeal, and we don't believe this will But analysts said the back-to-back
be a first one," said Gregory Little, losses by Philip Morris in individual
the associate general counsel for cases suggested that cigarette mak-
Philip Morris, which is the country's ers were likely to see more defeats
biggest cigarette maker.
and escalating awards.
But tobacco industry analysts said
"It does seem to appear in the last
yesterday's decision was a particu-
two cases that the juries wanted to
lar setback for cigarette makers be-
punish Philip Morris and the indus-
cause state product liability laws in
try," said Bonnie Zoller, an analyst
Oregon are far tougher than those in
with Credit Suisse First Boston Cor-
California or Florida, the other
poration in New York.
states in which producers have suf-
The Oregon lawsuit was brought
fered legal losses.
by the wife and children of Mr. Wil-
In Oregon, a smoker is barred
liams, a former janitor in the Port-
from receiving an award if a jury
land school system who was 67 when
determines that he or she bore more
he died. It charged that Philip Morris
than 50 percent liability for the prob-
knew cigarettes caused cancer and
lem over which a suit was brought.
York
misrepresented that information.
Cigarette company lawyers ar-
In making its finding, the Oregon
gued that Mr. Williams was aware of
jury also had to conclude that the
the health risk when he decided to
misrepresentations took place over
continue smoking. The jury deter-
the past decade because state law
WEDNESDAY, MARCH 31, 1999
mined that Mr. Williams and Philip
limits the time in which plaintiffs can
Morris equally shared liability.
seek damages.
William A. Gaylord, a lawyer for
There are more than 500 smoking-
the Williams family, said they had
related lawsuits pending against
acknowledged that Mr. Williams was
Philip Morris. President Clinton also
partly responsible for his death.
announced this year that he had di-
rected the Justice Department to be-
gin preparing a lawsuit against ciga-
rette makers to recover Medicare
and other Federal money spent
treating illnesses related to smoking.
Mr. Black said a Federal lawsuit
could be in the industry's interest
because It might provide a way to
resolve individual cases as well.
"The industry has got to make a
decision," he said. "They have to
recognize that the tide has turned
and decide they have to get some
type of settlement. Either that or
they have to build in the anticipated
price of litigation in the cost of ciga-
rettes.